CRIMINAL LAW ā Sentencing ā Mandatory Death Sentence ā No Judicial Discretion to Reduce
Principle Statement
In a charge, like the one at hand, where the sentence prescribed is 'DEATH' only it is not within the competence of a trial judge to exercise any judicial discretion to reduce the 'DEATH SENTENCE' TO 'TERM OF YEARS'.
Ratio Decidendi (Source)
Per Aderemi, JSC, in Tanko v. State (2009) NLC-123-53-2008(SC) at p. 13; Paras CāD.
"In a charge, like the one at hand, where the sentence prescribed is 'DEATH' only it is not within the competence of a trial judge to exercise any judicial discretion to reduce the 'DEATH SENTENCE' TO 'TERM OF YEARS'."
Explanation / Scope
This principle establishes that where the prescribed sentence is death only, the trial judge has no discretion to reduce it to a term of years. The mandatory nature of the sentence must be applied. The principle applies where the statute prescribes a mandatory death sentence. It ensures that the court does not usurp the legislature’s role. The principle reflects the separation of powers. It prevents judicial modification of mandatory sentences. The court must impose the prescribed sentence. The principle provides clarity on sentencing where the statute is mandatory. It ensures consistency in sentencing for capital offences.
